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RODOLITZ v. NEPTUNE PAPER PRODS.

22 N.Y.2d 383 (1968)

Abraham J. Rodolitz, Appellant-Respondent, v. Neptune Paper Products, Inc., Respondent-Appellant; Radio Wire Television, Inc. et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided July 1, 1968.

Attorney(s) appearing for the Case

John Van Voorhis for appellant-respondent.

Eugene L. Bondy and Louis Zimmerman for respondent-appellant.

Judges SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Chief Judge FULD and Judges BURKE and JASEN dissent in part and, upon plaintiff's appeal, vote to affirm on the opinion at the Appellate Division.

KEATING, J.

On July 25, 1955 Abraham J. Rodolitz and Neptune Paper Products, Inc. entered into a lease under which Rodolitz agreed to lease to Neptune certain premises for a plant for the manufacture of paper products. A building, which covers the entire rental area, was under construction by the landlord when the lease was signed and was completed on October 10, 1955. Neptune took possession of the premises...

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